Bill Text: IL SB1291 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Ambulatory Surgical Treatment Center Act. Provides that a dentist may be privileged at an ambulatory surgical treatment center if it is determined that the patient under the care of the dentist requires sedation beyond the training that the dentist possesses. Provides that the determination of need for sedation shall be made by the medical director of the facility where the procedure is to be performed. Provides that a dentist performing a surgical procedure requiring sedation at a facility must either have admitting privileges at a nearby hospital where patients would receive care in the event of an emergency arising during a dental surgical procedure or have a memorandum of understanding with a physician who has admitting privileges at such a hospital. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0323 [SB1291 Detail]
Download: Illinois-2019-SB1291-Engrossed.html
Bill Title: Amends the Ambulatory Surgical Treatment Center Act. Provides that a dentist may be privileged at an ambulatory surgical treatment center if it is determined that the patient under the care of the dentist requires sedation beyond the training that the dentist possesses. Provides that the determination of need for sedation shall be made by the medical director of the facility where the procedure is to be performed. Provides that a dentist performing a surgical procedure requiring sedation at a facility must either have admitting privileges at a nearby hospital where patients would receive care in the event of an emergency arising during a dental surgical procedure or have a memorandum of understanding with a physician who has admitting privileges at such a hospital. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0323 [SB1291 Detail]
Download: Illinois-2019-SB1291-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Ambulatory Surgical Treatment Center Act is | ||||||
5 | amended by changing Section 6 as follows:
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6 | (210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)
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7 | Sec. 6.
Upon receipt of an application for a license, the | ||||||
8 | Director may
deny the application for any of the following | ||||||
9 | reasons:
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10 | (1) Conviction of the applicant, or if the applicant is | ||||||
11 | a firm,
partnership
or association, of any of its members, | ||||||
12 | or if a corporation, of any of its
officers or directors, | ||||||
13 | or of the person designated to manage or supervise
the | ||||||
14 | facility, of a felony, or of 2 or more misdemeanors | ||||||
15 | involving moral
turpitude, as shown by a certified copy of | ||||||
16 | the record of the court of
conviction, or, in the case of | ||||||
17 | the conviction of a misdemeanor by a court not
of record, | ||||||
18 | as shown by other evidence, if the Director determines, | ||||||
19 | after
investigation, that such person has not been | ||||||
20 | sufficiently rehabilitated to
warrant the public trust; or | ||||||
21 | other satisfactory evidence that the moral
character of the | ||||||
22 | applicant, or manager, or supervisor of the facility is not
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23 | reputable;
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1 | (2) The licensure status or record of the applicant, or | ||||||
2 | if the applicant
is a firm, partnership or association, of | ||||||
3 | any of its members, or if a
corporation, of any of its | ||||||
4 | officers or directors, or of the person designated
to | ||||||
5 | manage or supervise the facility, from any other state | ||||||
6 | where the applicant
has done business in a similar capacity | ||||||
7 | indicates that granting a license to
the applicant would be | ||||||
8 | detrimental to the interests of the public; or
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9 | (3) The applicant has insufficient financial or other | ||||||
10 | resources to operate
and conduct the facility in accordance | ||||||
11 | with the requirements of this Act
and the minimum | ||||||
12 | standards, rules and regulations promulgated thereunder.
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13 | The Director shall only issue a license if he finds that | ||||||
14 | the applicant
facility complies with this Act and the rules, | ||||||
15 | regulations and standards
promulgated pursuant thereto and:
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16 | (a) is under the medical supervision of one or more | ||||||
17 | physicians;
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18 | (b) permits a surgical procedure to be performed only | ||||||
19 | by a physician, podiatric physician,
or dentist who at the | ||||||
20 | time is privileged to have his patients
admitted by himself | ||||||
21 | or an associated physician and is himself privileged to
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22 | perform surgical procedures in at least one Illinois | ||||||
23 | hospital . A dentist may be privileged at the ambulatory | ||||||
24 | surgical treatment center if it is determined that the | ||||||
25 | patient under the care of the dentist requires sedation | ||||||
26 | beyond the training that the dentist possesses. The |
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1 | determination of need for sedation shall be made by the | ||||||
2 | medical director of the facility where the procedure is to | ||||||
3 | be performed. A dentist performing a surgical procedure | ||||||
4 | requiring sedation at a facility must either have admitting | ||||||
5 | privileges at a nearby hospital where patients would | ||||||
6 | receive care in the event of an emergency arising during a | ||||||
7 | dental surgical procedure or have a memorandum of | ||||||
8 | understanding with a physician who has admitting | ||||||
9 | privileges at such a hospital ; and
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10 | (c) maintains adequate medical records for each | ||||||
11 | patient.
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12 | A license, unless sooner suspended or revoked, shall be | ||||||
13 | renewable
annually upon approval by the Department and payment | ||||||
14 | of a license fee of
$300. Each license shall be issued only for | ||||||
15 | the premises and persons named in
the application and shall not | ||||||
16 | be transferable or assignable. The licenses shall
be posted in | ||||||
17 | a conspicuous place on the licensed premises. A placard or
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18 | registry of all physicians on staff in the facility shall be | ||||||
19 | centrally located
and available for inspection to any | ||||||
20 | interested person. The Department may,
either before or after | ||||||
21 | the issuance of a license, request the cooperation of
the State | ||||||
22 | Fire Marshal. The report and recommendations of this agency | ||||||
23 | shall be
in writing and shall state with particularity its | ||||||
24 | findings with respect to
compliance or noncompliance with such | ||||||
25 | minimum standards, rules and regulations.
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26 | The Director may issue a provisional license to any |
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1 | ambulatory
surgical treatment center which does not | ||||||
2 | substantially comply with the
provisions of this Act and the | ||||||
3 | standards, rules and regulations
promulgated by virtue thereof | ||||||
4 | provided that he finds that such
ambulatory surgical treatment | ||||||
5 | center will undertake changes and
corrections which upon | ||||||
6 | completion will render the ambulatory surgical
treatment | ||||||
7 | center in substantial compliance with the provisions of this
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8 | Act, and the standards, rules and regulations adopted | ||||||
9 | hereunder, and
provided that the health and safety of the | ||||||
10 | patients of the ambulatory
surgical treatment center will be | ||||||
11 | protected during the period for which
such provisional license | ||||||
12 | is issued. The Director shall advise the
licensee of the | ||||||
13 | conditions under which such provisional license is
issued, | ||||||
14 | including the manner in which the facilities fail to comply | ||||||
15 | with
the provisions of the Act, standards, rules and | ||||||
16 | regulations, and the
time within which the changes and | ||||||
17 | corrections necessary for such
ambulatory surgical treatment | ||||||
18 | center to substantially comply with this
Act, and the | ||||||
19 | standards, rules and regulations of the Department relating
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20 | thereto shall be completed.
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21 | A person or facility not licensed under this Act or the | ||||||
22 | Hospital Licensing
Act shall not hold itself out to the public | ||||||
23 | as a "surgery center" or as a
"center for surgery".
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24 | (Source: P.A. 98-214, eff. 8-9-13.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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